rule of law

1. President Rajapaksa dissolved the Parliament on 2nd March 2020– six months before the due date, amidst the growing danger of COVID-19 pandemic. By this time, the uncertainty relating to the possibility of holding elections during the outbreak had already surfaced. However, the President chose to disregard the looming threat and called an election without […]

President Gotabaya Rajapaksa has brought six institutions under the Ministry of Defence issuing an extraordinary gazette on 22 May 2020. Sri Lanka does not have a minister of defence but it is president Rajapaksa who acts as the unofficial minister of defence.  According to the constitution, the president cannot hold any ministries. The deputy minister […]

There has been a very useful discussion in the public domain about the relationship between the three organs of government, especially in the present context where one organ, namely Parliament, is not functional. While Parliament has been described by some as being ‘dead’ due to it being dissolved, others point out that under the Constitution […]

PARL Statement on recent developments in Pottuvil Muhudu Maha Viharaya: Misuse of land acquisition laws and the military. The People’s Alliance for Right to Land (PARL) is deeply disturbed by the military intervention in civilian land administration in the Pottuvil Muhudu Maha Viharaya area in Ampara, and the reported moves to attempt legal acquisition of […]

ECONOMYNEXT – Three minors, all students of the Al-Zuhairiya Arabic School in Karaitivu have filed Fundamental Rights petitions before the Supreme Court alleging that officials who identified themselves as Policemen forcibly took them from their parents and attempted to make them sign false documents. The parents of the children have signed the petitions which have […]

Image courtesy of the Medium Statement from Family of Hejaaz Hizbullah, Attorney at Law.  We have been greatly disturbed by a vile and vicious media campaign being carried out against our husband and brother Hejaaz Hizbullah with the intention of prejudicing public opinion. We believe that this campaign is being carried out with the support […]

(Wednesday 13 May 2020) In an open letter to Sri Lanka’s Minister of Justice, the Hon. Nimal Siripala de Silva, the International Bar Association’s Human Rights Institute (IBAHRI) has called upon the country’s government to abide by due process and uphold the rule of law in the case of Sri Lankan lawyer Hejaaz Hizbullah. Former […]

Even as petitions are collected and hands are rightfully wrung for redress regarding the arrest and detention of attorney Hejaaz Hisbullah, it is timely to recall (despite a tad unkindly) that if the attempt to push through Sri Lanka’s draft Counter-Terror Act had succeeded at the height of the ‘yahapalanaya’ years, abuse of civil liberties […]

Image: Pakistani-military-ditators-Gen.Ayub-Khan-Gen.Yahya-Khan-Gen.Zia-ul-Haq-Gen.Pervez-Musharraf (NewsinAsia) The doctrine of necessity was first expounded in the 13th century by English jurist Bracton, who stated ‘that which is otherwise not lawful is made lawful by necessity’. Glanville Williams described the defence of necessity as involving ‘a choice of the lesser evil. ‘ The doctrine is recognized in criminal law. For […]

Image: Hijaaz Hizbulla, November 2018 at a protest against President Sirisena’s constitutional coup. On 16 April, I heard that my former classmate Hejaaz Hisbullah had been arrested by the CID. As I learnt more about the questionable circumstances of his arrest, I have been struck by how little these questions seem to matter in various […]

“We have decided that we need to attend the meeting with the Hon. Prime Minister, because all these issues outlined [in the letter] need to be addressed and to clearly indicate that we are prepared to extend our co-operation to the resolution of these issues in a reasonable and acceptable manner in the interests of […]

In a letter addressed to the Chairperson and other members of the Human Rights Commission of Sri Lanka, former MP M.A. Sumantiran says that although the restricting movement is desirable and necessary at this time in our country in order to meet the challenge presented by COVID-19 such restrictions including curfew must be imposed legally […]

The arrest and detention of attorney at law Hejaaz Hisbullah purportedly in connection with investigations relating to the Easter Sunday bombings of April 21, 2019 has had an unexpected fall out with 216 attorneys at law writing to the Bar Association of Sri Lanka (BASL) urging the BASL to refrain from intervening in the matter […]

Seven opposition party leaders have issued a joint statement assuring Responsible cooperation in Parliament in order to face the challenge of COVID-19 effectively. They will draw no salary and will not defeat or thwart the government’s legitimate actions during this critical time. The letter has been signed by Sajith Premadasa, Ranil Wickremasinghe, Champika Ranawaka, R. […]

Image: This Doctrine has very bad precedents.  In 1954 Pakistan, the Chief Justice at the time validated the extra constitutional use of emergency powers to dissolve a Constituent Assembly. The legality or the lack thereof of the ongoing curfew was briefly taken to a Court of Law this week during a bail application on behalf […]

Sri Lankan police officers patrol a Muslim neighborhood after the Easter Sunday bombings, Colombo, April 26, 2019.(Image courtesy of HRW/© 2019 AP Photo) (New York) – Sri Lankan authorities should uphold due process rights and ensure that recently detained Muslim figures have proper access to lawyers, Human Rights Watch said today. The arrests, soon after the government […]

Image: Pro Rajapaksa parliament members attacking the speaker.(File photo courtesy of NYT) Arguing that under present circumstances, the course of action most consistent with the Constitution is to summon the dissolved Parliament, which can continue until the end of August 2020 the Centre for Policy Alternatives has requested the President to summon the Parliament that has […]

Image courtesy of slideplayer.com. Statement on the Arrest and Detention of Attorney-at-law Hejaaz Hizbullah. We are writing with deep concern about aspects of the arrest and detention of attorney-at-law Hejaaz Hizbullah. According to media reports on the habeas corpus application filed by Mr. Hizbullah’s father Naina Hizbullah, Mr. Hizbullah had received a phone call, purportedly, […]

Sri Lanka: ICJ raises concerns about the arbitrary arrest and detention of lawyer Hejaaz Hizbullah; calls for repeal and replacement of the Prevention of Terrorism Act. APRIL 21, 2020. The ICJ called upon the Sri Lankan authorities to respect human rights in the conduct of their investigation of the 2019 Easter Sunday bombings, including ensuring […]

Testing has become the main challenge for Sri Lanka. The government has consciously erected several roadblocks to minimise testing and obfuscate the spread of Covid-19 in Sri Lanka. Despite significant domestic testing capacity, a quota of no more than 212 patients a day are being tested for Covid-19, as at 11th April 2019. With the […]

According to the Habeas Corpus Applications  filed on behalf of lawyer Hejaz Hisbullah the CID personal has come to his house in the guise of officials of the Ministry of Health. The application says that Hejaz Hisbullah had received a call at around 4.00 pm purportedly from a person identifying himself as from the Ministry […]

Parliamentary Election 2020 and date of summoning new Parliament. I refer to the Daily Mirror article, of today’s date, on the date for summoning the new Parliament after elections, and The Island’s two pieces yesterday on the same topic. I am in “Lockdown” in Jaffna and write on my own as a Member of the Election Commission in […]

Image courtesy of Amnesty International. On March 26, 2020, President Gotabhaya Rajapaksa granted a presidential pardon and released convicted death row prisoner and mass murderer, former Army Staff Sergeant R. M. Sunil Rathnayake. While the country is on lockdown due to COVID-19, the President has seized this opportunity to deal a lethal blow to the […]

Image: Pro-Democracy protestors took to street daily against the constitutional coup staged by president Sirisena in October 2018. A short paper published by the Centre for Policy Alternatives (CPA) on key developments in the first 100 days of the present Government, as well as their implications for governance, the rule of law, reconciliation, human rights and […]

AG, COI clash over ex-Magistrate Thilina Gamage’s illegal elephant possession case AG claims all documents relating to case have been taken by COI Commission says documents were given by CID, says relevant documents will be handed back today Gamage filed case before Commission alleging political victimisation A senior Attorney General’s  Department official told members of […]

Literally, this picture is worth more than a thousand words. It shows former Navy Commander Wasantha Karannagoda and current Defense Secretary General Kamal Gunarathne having a friendly chat during the Ananda Nalanda big match last weekend. Wasantha Karannagoda is a suspect of the well-known case of abducting and killing 11 youth by the Sri Lankan […]

It is evident that the Podu Peramuna Government led by Gotabaya Rajapaksa, the new President, wants desperately to withdraw the cases filed during the Yahapalana regime against corruption and criminal acts alleged to have committed during the previous regime of Mahinda Rajapaksa. However, in the absence of the support of the Judiciary, it appears clearly […]

In its statement to UN Human Rights Council on the High Commissioner’s Report,  Human Rights Commission of Sri Lanka emphasises that the weakening of the relevant provisions of the 19th Amendment to the Constitution in strengthening independent institutions will seriously hamper checks and balances and protection of people’s rights under the Rule of Law. Sri […]

NINTH CIRCUIT COURT OF APPEALS ISSUES DECISION IN CASE AGAINST GOTABAYA RAJAPAKSA. San Francisco, March 2, 2020: Last week, the Ninth Circuit Court of Appeals granted Ahimsa Wickrematunge’s request to vacate the lower court’s ruling that Gotabaya Rajapaksa is entitled to common law foreign official immunity for acts committed while he was Secretary of Defense of Sri […]

The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu filed a Fundamental Rights application challenging some powers granted to the Commission of Inquiry to Investigate Allegations of Political Victimization During the Period Commencing 08th January 2015 and Ending 16th November 2019 (The CoI), appointed by Gazette (Extraordinary) No. 2157/44 of 9th January 2020. […]